Case on hold as prosecution appeals decision

STACY LANGLEY

Published 11:40 am, Monday, April 25, 2016

BAD AXE  Both sides in the second-degree criminal sexual conduct case involving Gary R. Goebel, son of a former Bad Axe area daycare provider, have been waiting months for the trial date to arrive. But just days before the trial was set to begin, there was a major development. Huron County Circuit Court Judge M. Richard Knoblock threw out potentially damaging statements made by Goebel to the Michigan State Police.

On Thursday morning, when the bench trial for Goebel was to get under way, it was evident the case might very well be dismissed. Goebel's attorney, Deanna L. Kelley, appeared shocked when she learned just moments before heading into court that prosecutors were going to forge ahead with the case. Prosecutors asked the Michigan Court of Appeals to overturn Knoblock's decision and allow Goebel's statements to Michigan State Police Trooper J.T. Birkenhauer to be admitted during the trial.

Knoblock ruled Sept. 23  after hearing testimony during a Walker Hearing from Goebel, his mother, Zita Goebel, and Birkenhauer  that Goebel felt he was in police custody when he was being questioned at the Michigan State Police post in Bad Axe.

Since Goebel wasn't read his Miranda Rights, Knoblock determined the verbal statements he made would not be admitted at trial. After the verbal statement was taken by Birkenhauer, he then read Goebel his Miranda Rights before taking a written statement from Goebel. Knoblock ruled the written statement must be dismissed as well. Knoblock characterized the written statement as "fruits of a poisonous tree."

When someone is in police custody and being interrogated, police are obligated to read them their Miranda Rights.

Huron County Assistant Prosecutor Gerald Prill asked Knoblock for an adjournment for about three to four months so they could handle the Miranda issue.

"The case is not over, we've just had a setback," said Huron County Prosecutor Mark Gaertner. "The trial has been adjourned giving us the opportunity to pursue an appellate issue."

Goebel's attorney addressed the court, irritated by the prosecutor's decision not to dismiss the case.

"We came here today expecting a dismissal," Kelley said. "We believe that the court ruled correctly (on the Miranda issue). We are ready for trial, and I ask the court to proceed today."

Kelley said she felt "the prosecution is making a mockery of the court system," and that having the trial hang over the heads of her client and his family has caused a great deal of stress for them.

But Knoblock wasn't blaming the prosecution. Instead he found fault with how Birkenhauer did his job.

"The real culprit is the police officer. He did not properly perform his duty," said Knoblock, who noted Birkenhauer went to Goebel's home early in the morning, put Goebel in the police car and drove him to the police post to be interviewed.

"I'm convinced that any reasonable person would agree he was in (police) custody when his statements were taken, in violation of Miranda," said Knoblock, granting the prosecutor's request for an adjournment.

Knoblock also set a new trail date for 9 a.m. Feb. 9.

After leaving the courtroom, Kelley said she was very disappointed and felt the prosecutor changed his mind to dismiss the case because the victim's family pressured him.

"I came here today expecting the case to be dismissed, and the prosecution changes their mind based on public opinion. We want to go to trial. We wanted our day in court. The family has suffered because of this," Kelley said. "I feel justice will be served in the end. The prosecutor has a sworn duty, and I feel he caved in because they (the victim's family) paraded about 50 people into the courtroom."

Kelley was outraged over the fact the trooper "yanked the kid (Goebel) out of bed before 7 in the morning."

"He asked to talk to an attorney and wasn't allowed to talk to an attorney, instead he was dragged down to the police station to make a statement he didn't want to make. His Constitutional rights were violated. The prosecutor had to make a call  and it should not be guided by public opinion."

Gaertner denied Kelley's allegation that his decision was swayed due to public pressure.

"This is a case that needs to be prosecuted. I want the community to have confidence in the system," said Gaertner, who noted the case has taken a change in direction. "Trooper Birkenhauer has transferred from the Bad Axe post to a post in Detroit. We have a new trooper, Trooper Ruth Osborne, assigned to the case to look further into new allegations (relating to the case). In making the decision to proceed I also had to look at whether he (Goebel) is a dangerous individual or not. I feel this is a dangerous guy."

Gaertner said he believes appealing Knoblock's decision is a longshot, but is the right thing to do, "even if we don't prevail."

The parents of the 3-year-old girl said they were relieved prosecutors decided to go forward with the case.

"At least we still have a chance. There's still hope. I'm glad the prosecutor has decided they want to fight to protect the community and keep things right in the system," the child's mother said. "I hear his attorney (Kelley) tell how mentally and physically exhausted he (Goebel) and his family are. That's nothing compared to having your child put through something like this."

Goebel's bond in the case, set at $7,500 personal recognizance with a provision that Goebel is to have no contact with the victim or her family, was continued.

The Small Wonders Christian Day Care was licensed to care for six children. A report by the State of Michigan Family Independence Agency Office of Children and Adult Licensing indicates Zita Goebel voluntarily closed the day care shortly after an investigation by the Michigan State Police began in November of 2004.